Waffen SS: Friend or Foe? The 1978 Holtzman Amendment to the Immigration and Nationality Act

Abstract

Although the war with Germany's Third Reich was concluded 44 years ago, some of our former enemies are today haunted by a limitation levied on their basic freedom by the United States -- the right to cross international boarders of friendly nations. Most of these former enemies, were ordinary soldiers who fought for their country in a very elite formation, the Waffen-SS. This study examines the 1978 Holtzman Amendment to the Immigration and Nationality Act: Nazi Germany (P.L. 95-549). This paper examines the law itself and the impetus behind its enactment; studies one specific population affected - - former members of the Waffen-SS; and reviews its enforcement by mid-level bureaucrats in the service of the United States Government. The paper also provides a short history of the Waffen-SS as an army. This history is provided as a backdrop so that the reader can understand why the Holtzman Amendment may be prejudicial and unfair to some aliens wanting permission to enter the U.S. The study's conclusions cast a shadow of doubt over the bill's popularity at the time of its passage. They also question the legality of certain provisions even though it has been tested many times in the courts of the United States. Finally, the study illustrates that, even though Congress provides specific direction and guidance when a bill is passed, that direction and guidance is sometimes ignored by the departments of government charged with the bill's implementation. Federal law.

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Document Details

Document Type
Technical Report
Publication Date
May 09, 1989
Accession Number
ADA209531

Entities

People

  • Daniel E. Ross

Organizations

  • United States Army War College

Tags

Communities of Interest

  • Biomedical
  • Cyber
  • Human Systems
  • Space
  • Weapons Technologies

DTIC Thesaurus Topics

  • Classification
  • Congress
  • Criminals
  • Department Of State
  • Foreign Service Officers
  • Governments
  • International Law
  • Law
  • National Politics
  • National Security
  • New York
  • Political Systems
  • Regulations
  • Second World War
  • United States
  • United States Government
  • War

Readers

  • Government and Public Administration Law.
  • Military History / Militaries and War Studies
  • Military History of the United States in the 20th Century.